Allen v. Herrick Hardware Company

FLY, Associate Justice.

This is a suit on a promissory note for $3,640.20, together with interest and attorney’s fees, instituted by defendant in error against plaintiff in error who answered that the note was given under a verbal agreement that there should be an ac counting between the maker and payee on a later date, and if the note did not represent the true balance between them, or if the note was in excess of the indebtedness of the maker, the latter should have credit for the excess; that the amount was in excess of what the maker owed in the sum of $1500. Plaintiff in error also…